A Maine senior living community discriminated against a transgender woman in refusing her a room due to her sexual orientation, according to the state’s human rights panel.
The Maine Human Rights Commission ruled in a 3-2 vote Monday that it found evidence that Sunrise Assisted Living in Jonesport, ME, violated state nondiscrimination protections when it denied then 78-year-old Marie King a room because she is a transgender woman.
It is the first known discrimination case in the nation filed by a transgender adult against a long-term care community.
“This is a significant finding for Ms. King and for other transgender older adults who face similar barriers when seeking the care many of us need as we age,” GLAD Staff Attroney Chris Erchull said. “The Comission’s action sends a clear messaage both to transgender people and to long-term care facilities that turning someone away becuase they are transgender violates the legal protections meant to sure euql treatment for everyone.”
As McKnight’s Senior Living previously reported, GLBTQ Legal Advocates & Defenders filed a complaint with the Maine Human Rights Commission against the community last fall on the woman’s behalf. The complaint asserted that King was discriminated against on the basis of gender identity, transgender status and sex, all protected under the Maine Human Rights Act.
King was living at another assisted living community when she was admitted to a local hospital for an acute medical emergency. The medical staff determined that she could not safely return to the assisted living community where she had lived, due to a trauma she experienced there.
Sunrise Assisted Living Administrator Rhonda Chambers indicated that the building had room available but upon learning of King’s transgender status raised concerns about rooming her with another female roommate, according to the complaint.
GLAD Senior Attorney Ben Klein said that the discrimination King experienced by Sunrise was “dehumanizing” and affected her health. She eventually moved to another assisted living community over the summer.
“The outcome we are all working toward is long-term care facilities where everyone who needs them is welcomed with courtesy and respect,” Klein said in a statement.
Sunrise Assisted Living and King will enter a conciliation proceeding to reach an agreement. If an agreement is not reached, attorneys for King told The Sun Journal that they are prepared to go to court.
Maine is one of 22 states that have LGBTQ+ protections in place. The U.S. House of Representatives passed the Equality Act in a bipartisan vote in February 2021. The federal legislation, if it becomes law, would explicitly add sexual orientation and gender identity protections to existing civil rights laws that protect against discrimination based on race, color, national origin and religion.
Research indicates that transgender older adults are as likely as or even more likely than other older adults to require long-term care, including assisted living, due to the adverse health consequences of long histories of anti-transgender stigma and bias, according to GLAD.
“Today’s finding presents an opportunity to reinforce a core value shared by those who provide long-term care: that all of us are entitled to dignity and respect as we age,” GLAD Civil Rights Project Director Mary Baonauto said in a statement.
Sunrise Assisted Living had not responded to a request for comment from McKnight’s Senior Living by the production deadline.
